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(영문) 수원지방법원 여주지원 2019.07.08 2019고단355
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 20:50 on March 2, 2019, the Defendant was driving a vehicle of one ton of the E Poter under the influence of alcohol with a blood alcohol concentration of about 0.169% at the 1km section from around the “C” restaurant located in Gyeonggi-gun B to the D front road.

2. A person who is engaged in driving service of one ton of cargo vehicles E in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

At around 20:50 on March 2, 2019, the Defendant driven the above cargo vehicle while under the influence of 0.169% in blood alcohol concentration, and proceeded at a speed of about 20 km in the direction of the reputation in the area of the mountain area, the mountain area, and the mountain area.

At this point, since the center line of yellow-ray is installed, a person engaged in driving of a motor vehicle has a duty of care to protect the vehicle line, to accurately operate the steering gear, brakes, and other devices, and to prevent accidents due to the failure to drive the motor vehicle at such a speed or by such a method as may cause danger and harm to others according to the traffic conditions of the road and the structure and performance of the motor vehicle.

Nevertheless, the Defendant’s negligence following the top-down of the Defendant’s driver’s vehicle, who was under the influence of alcohol and left-hand turn, led the Defendant to shock the part of the Victim F (ma, 48 years old) driving, who was under the top-down in the opposite part.

Ultimately, the Defendant, by such occupational negligence, caused the victim to suffer injury, such as salt, tensions, and tensions, etc. in the areas requiring approximately two weeks of treatment, and the Defendant, at the same time, escaped without immediately stopping the vehicle and without taking necessary measures, such as providing relief to the victim, even though he/she damages the eropoch vehicle to be treated as losses and damages its repair costs.

Summary of Evidence

1. The defendant;

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